No response for the writ filed in high court
Dijo
(Querist) 19 October 2015
This query is : Resolved
Dear all,
I have filed a writ in kerala high court against my institute regarding mark manipulation in exam. High court accepted it and issued a notice against institute. Last monday was the hearing but no one from the institute appeared. Also my advocate says neither the acknowledgement nor the notice came back and hence court cannot do anything in this case and postponed to this today. unfortunately today also same thing happened. Now my advocate saying that we have another choice of sending messenger from court but we have to bear expenses. sending someone to new delhi is very expensive.
Why things are like this? whats is the remedy available. I suspect, institute may have already received it but playing some drama.
can someone help me what should i do now?
Advocate M.Bhadra
(Expert) 19 October 2015
Send fresh notice by registered post and file an information from internet tracking delivery status from indiapost.gov.in and approach to the court to fix up ex-parte hearing.
Dijo
(Querist) 19 October 2015
But my advocate says, court directly send the notice and we cant check its status.
Can we directly send the notice?
R.K Nanda
(Expert) 19 October 2015
take dasti orders from HC for sending notice to respondents and then u can send them notice directly by speed post.
Sudhir Kumar, Advocate
(Expert) 20 October 2015
you can check the record in court registry (your lawyer should have done so) to find out whether notice is served or not. If they are not coming despite service of notice then pray for ex-parte.
alexander
(Expert) 20 October 2015
Suggestion put forth by Advocate Suhir Kumar ji very valid and practical.
2, If your lawyer looks up Rule 9A of Order V, he would find the following :
(1) The court may in ADDITION to the Service of the summons under Rulr 9, on the APPLICATION OF THE PLAINTIFF for the issue of summons for the appearance of the defendant, permit such plaintiff to effect the service of such summons on such defendant and, shall, in such a case, deliver the summons to such oplaintiff for delivery.......
P. Venu
(Expert) 20 October 2015
Is the institute having an e-mail ID? The Notice could be served through e-mail also.
Non-receipt of the acknowledgement is not a sufficient reason to consider the Notice as unserviced, so long as the Notice is not returned back with the remark "Addressee unknown or untraceable" or to that effect. Your advocate can mention the matter to the Bench and can get direction to the Registry to provide you with the details of postal despatch so that the delivery details could be obtained from the web site of Postal Department.
K.S.Srinivas
(Expert) 21 October 2015
I agree with Sri R.K.Nanda.
Dijo
(Querist) 26 October 2015
Dear Experts,
Today was the day scheduled for hearing. but my case is not there in today's list of cases. why is this? when court will consider?
R.K Nanda
(Expert) 26 October 2015
check from registry of HC about status and next date of ur case.
